Transcript Seen and Heard - Florida Guardian ad Litem

Seen and Heard
Involving Children in Dependency Court
Andrea Khoury
ABA Center on Children and the Law
Judge Nushin Sayfie
Justin Taylor
Outline of Presentation






Policies of National Judicial and Bar
Associations
What’s happening around the country
Benefits when youth participate
Policy and Practice considerations
Tips for involving youth in court
proceedings
Systemic changes to increase youth
participation in court
Child and Family Service
Improvement Act of 2006
Procedural safeguards to be applied to
assure than in any permanency hearing
held with respect to the child, including
any hearing regarding the transition of the
child from foster care to independent
living, the court or administrative body
conducting the hearing consults, in an age
appropriate manner, with the child
regarding the proposed permanency or
transition plan for the child
Who is saying what?





NCJFCJ – Resource Guidelines
ABA – Standards for Representing Children
in Abuse and Neglect Cases
NACC – ABA Standards Amended
Pew Commission – Fostering the Future
UNLV conference on Representing Children
in Families
Around the country

Age







Kansas – 14
New Mexico – 14 (compelling v. best interest)
Virginia – 12
Michigan - 11 (notification)
New York – 10
Idaho - 8
Other criteria




Minnesota – children have the right
Florida – best interests
California – children’s right
Pennsylvania – good cause
Florida

Rule 8.255(b) The child has a right to be
present at the hearing unless the court
finds that the child's mental or physical
condition or age is such that a court
appearance is not in the best interest of
the child. Any party may file a motion to
require or excuse the presence of the
child.
Benefits when youth participate…





Sense of control
Understanding the process
Information for the court
Empowerment/Participation
Engage youth in problem solving at all
levels – including court
Policy and Practice Considerations




What are youth’s wishes?
How old is the youth?
What is the developmental level of the
youth?
Will attending court upset the youth?
Policy and Practice Considerations





Will attending court disrupt the youth’s
routine?
Will court be confusing or boring to the
youth?
Who will transport the youth?
Will the court need additional time for the
hearings?
What type of hearing is scheduled?
Tips for involving youth in court
proceedings







Have the youth present throughout the hearing
Present the youth’s testimony in chambers
Arrange in advance visit to the courthouse
Have the youth wait in a waiting area for the
hearing
Exclude the youth from court during harmful
testimony
Present the child’s hearsay statements
Allow a support person to accompany child
Sample questions for youth







Familiarity questions
Knowledge assessment
Placement
Visitation
Permanency Planning
Education issues
Health issues
Systemic Changes to increase
youth participation in court








Statute and court rules
Court administrative policies
Youth’s representative practices
Accommodations for youth in court
Agency policy
Court orders
School accommodations
Education for youth
Youth’s representative practices







Appropriately trained
Familiar with child interviewing techniques
Caseload
Role explanation
Visit client
Independent investigation
Youth’s voice
Child Representative’s role when a
youth comes to court





Inform the court of any issues
Prepare client
Ensure youth is aware of what’s
happening
Allow the youth to speak
Discuss the hearing afterwards
What we’re telling the youth…

You have the right to:





Attend all hearings where case is reviewed
Meet with lawyer before hearings
Tell your lawyer where you want to live and what
services you think you need to meet your goals
Have your lawyer do what is needed to help you get
an appropriate placement and make sure your needs
are met
Have your lawyer call witnesses to testify for you or
present evidence to the court





Have your lawyer cross examine witnesses
Tell the judge what you think about your placement
and any needs that you have
Have a judge determine if your needs are being met,
if you are in an appropriate placement, and if you are
receiving all the services you need to meet your goals
Have information shared in court be kept confidential
and discussed only with people who need to know
about it to provide you with care and service
Ask the judge to appoint another lawyer for you if you
do not think your lawyer is representing your interests
and wishes or doing their job
Andrea Khoury
ABA Center on Children and the
Law
202-662-1730
[email protected]
Justin Taylor
Florida Youth SHINE
904-226-6207
[email protected]